Global Mandatory Fair Use: The Nature and Scope of the Right to Quote Copyright Works

Author: Tanya Aplin; Lionel Bently
Publisher: Cambridge University Press
ISBN: 9781108835459

Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108812801

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Description
Contents

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In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

Provides a comprehensive analysis of the history of the quotation exceptions in international copyright law
Helps corrects misperceptions of what a 'quotation' of a copyright work may encompass
Develops a new framework for assessing 'fair' quotations that can be used by national legislatures and courts

1. Introduction

2. History of article 10(1) Berne

3. Preliminary considerations about the nature of the quotation exception

4. Article 10(1) Berne: requirements

5. Article 10(1) Berne: the meaning of quotation

6. Article 10(1) Berne: fair practice

7. Consequences of global, mandatory fair use

8. Conclusion

Bibliography

Index